Portugal, which has become one of the countries of temporary residence of Ukrainians since the start of the full-scale war, is changing the rules for obtaining citizenship for foreigners from third countries. The new Law on Nationality tightens the requirements for naturalization for citizens who are not members of the European Union, increases the period of residence before submitting an application and changes the procedure for calculating this period. For Ukrainians who planned to legalize under the previous rules, these amendments may mean a much longer path to obtaining a Portuguese passport.
What the changes in the law entail
Portuguese President António José Seguro signed amendments to migration legislation that tighten the conditions for obtaining citizenship for third-country nationals. As reported by the presidential press service, the law was already supported by parliament in early April, after which the document was sent to the head of state for signature.
When signing the law, the president drew attention to the sensitivity of this issue for society and state policy. He emphasized that a document of such importance should be based on a broader political consensus and be free from short-term ideological influences.
At the same time, the head of state stated that stricter naturalization criteria should not affect humanitarian protection, the integration of children of foreigners, access to education and health care. Separately, the president called on the government to ensure that the slow work of state bodies does not worsen the situation of people whose cases are already under consideration.
“The President emphasizes the importance of ensuring that pending cases are not negatively affected by legislative changes in practice. Otherwise, it will undermine trust in the state both inside and outside the country,” the presidential press service said.
The most significant amendment concerns the minimum period of residence in Portugal before applying for citizenship. For citizens of non-EU countries, this period is increased from five to ten years. For Ukrainians, this change means that under the new rules the waiting period will become longer, and the process itself will depend on the stability of the legal status for a significant period.
An important detail is the change in the starting point. Previously, the period could be counted from the moment of submission of documents, but now it will start from the date of receipt of the residence permit. For people who have been waiting a long time for the documents to be processed due to bureaucratic delays, this rule can significantly delay the opportunity to apply.
In addition, the new law provides for increased attention to the legal history of a foreigner during his residence in the country. Applicants for citizenship will be checked more thoroughly, and the list of offenses that can block obtaining a passport is expanding.
Previously, a sentence of five years in prison could be the basis for refusal. After the changes, a negative decision is possible even with a sentence of three years. This approach strengthens the role of the applicant’s criminal and legal reputation and makes the path to citizenship more dependent on the person’s behavior throughout the entire period of residence.
Changes for children of foreigners
The amendments to the law also change the rules for children of foreigners born in Portugal. The automatic granting of citizenship to such children is canceled.
Under the new conditions, a child will be able to apply for Portuguese citizenship after five years of residence with a valid residence permit. This means that the mere fact of being born in Portugal will no longer be sufficient grounds for automatic citizenship.
Separately, the law removes the possibility for foreign parents to apply for citizenship on the basis that their child is recognized as a Portuguese citizen. This change narrows one of the paths to legalization for migrant families.
For Ukrainian citizens, the new law is of particular importance due to the scale of forced relocation after 2022. Some Ukrainians chose Portugal because of the relatively affordable legalization procedure, the opportunity to work, educate children, and gradually move towards citizenship.
After the adoption of the changes, this path becomes longer and more dependent on administrative procedures. If the countdown begins from the moment of obtaining a residence permit, delays in the work of state bodies may affect the actual date from which a person will acquire the right to apply for citizenship.
Therefore, the president’s warning regarding cases that are already under consideration has practical significance. People who fulfilled the requirements of the previous procedure and were waiting for a decision from state bodies should not find themselves in a worse position simply because of the slowness of the bureaucratic system.
The signed law marks Portugal’s move to a stricter naturalization model. The country retains the ability to integrate foreigners, but makes citizenship a result of longer residence, stable legal status, and more thorough vetting.
For migrants, this means that a Portuguese passport will depend more on the length of legal stay, the absence of serious legal problems, and timely paperwork. For Ukrainians who are already in the country or plan to stay there for a long time, the main question will be how the new rules will apply to open cases and those who have started legalization under previous conditions.
